国会记录：2006年3月2日（参议院）第1653-S1655页关于伯德先生的账单和联合决议的陈述：S。2362.建立一项法案，建立了国家监视活动委员会的法案和美国人权利；致司法委员会。伯德先生。总统先生，在总统节休会之前，我谈到了行政部门最近对国内监视的严重例子，我宣布了我的意图，宣布介绍立法，以建立一个委员会，以调查无保证窃听和监视美国公民的实例。国家安全局和政府其他部门。我不是一个孤独的声音提出有关该计划的合法性及其对守法美国公民权利的影响的问题。在不断增长的合唱中，我只有一个人（只有一个人），这是一个越来越多的合唱。自《纽约时报》打破了NSA的窃听计划的故事以来，过道两边的许多房间中的许多人都质疑无保证窃听的合法性，并呼吁调查可能违反《外国情报监视法》的行为，以及针对精神或我们受人尊敬的宪法的信件的其他违法行为。我国许多最重要的宪法学者和法学教授都表达了对NSA计划的绝对反对，理由是违反了《宪法》和《外国情报监视法》。 They agree that ``the program appears on its face''--on its face--``to violate existing law.'' These concerns have, of course, been dismissed by the same branch of Government that hatched the domestic spying program. Did you hear that? I will say it again. These concerns have been dismissed by the same branch of Government that hatched the domestic spying program. But this stonewalling--yes, that is stonewalling--this stonewalling is only part of the story. Important questions about NSA's program have been answered with strained and tenuous justifications or claims of the dire need for secrecy and, as a result, Congress's access to information has been severely--severely, severely--curtailed, by whom? By whom? Guess what, by the administration; by the administration. There are some things we do know. We know that top officials in the Department of Justice who were concerned about questions of legality and lack of oversight of the program refused to endorse continued use of the NSA's wiretapping. That isn't all. We also know because of these concerns this secret program was suspended. Do you get that? This secret program was suspended temporarily due to questions about its legality. What most Americans don't know is that FBI agents complained about the utility of the wiretapping program. Voluminous amounts of information and records that were gleaned from this secret eavesdropping program were sent from the National Security Agency to the Federal Bureau of Investigation, and FBI officials repeatedly complained that they were being drowned by a river of useless information that [[Page S1654]] diverted their resources from pursuing important counterterrorism work. Such complaints raise the question of whether the domestic wiretapping program may have backfired by sending our top counterterrorism agencies on wild-goose chases, thus making our country less secure instead of making our country more secure. We know that one member of the Foreign Intelligence Surveillance Court, Judge James Robertson, resigned--yes, resigned--4 days after the New York Times first detailed the NSA's warrantless--warrantless-- domestic surveillance. We know that only the chief judge of the FISA Court, the secret court charged with approving requests to conduct domestic surveillance, had any knowledge of this clandestine wiretapping program. The other judges, who are sworn to strict secrecy, learned of the program just as many of our citizens did--through reports in the press. Yes, thank God for a free press. We know that although most of the judges of the Foreign Intelligence Surveillance Court were kept in the dark about the program, at least one of the judges was tipped off by an attorney within the Department of Justice that some of the information being presented to the court to secure warrants was improperly obtained, meaning the Government had apparently circumvented a court-ordered screening process to eliminate tainted evidence. We know that in2月28日的一封信对于参议院司法委员会主席Arlen Specter，总检察长冈萨雷斯承认，司法部对窃听的法律理由``随着时间的推移而发展''。这是什么意思？这是否意味着在首次开始监视时，NSA实际上没有法律依据来监视美国公民？这是否意味着该部门在该计划公开后必须为间谍活动提供一些法律依据？这是否意味着政府依赖用力解决方案来证明其偷偷摸摸的合理性只是一种策略 - 只是一个策略 - ``事实''''''''''''''面部节省设备旨在给予管理范围美国人的公民自由？我们知道，本周早些时候，众议院的18名成员向布什总统发了一封信，要求他任命一名特别律师调查NSA对我们公民的无权监视。众议院成员在信中指出，如果没有明确的信息来自政府，他们和整个美国都被迫主要依靠新闻报道来确定NSA活动的范围。ReportsReports由于政府没有解决这么多问题，因此绝对必须对该计划进行客观调查以及可能发生的任何违反法律的行为。我们正处于增压年度 - 我们知道，您知道，每个人都知道 - 参议院三分之一的选举年，包括来自西弗吉尼亚州的这位参议员，以及整个众议院。截至今天，参议院情报委员会拒绝对此事进行认真的调查。 But an investigation has to go forward. The efficacy of our laws and our Constitution is at stake. That is why I am proposing legislation to establish a nonpartisan commission to review and investigate domestic surveillance in America, along with serious allegations of abuse. In this way, we will be sure to safeguard our first and fourth amendment rights as enumerated in this Constitution, as well as evaluate the actual effectiveness of such programs in combating terrorist threats. James Madison wrote in his essay, ``Political Reflections,'' that ``[t]he fetters''--the fetters, f-e-t-t-e-r-s--``[t]he fetters imposed on liberty at home have ever been forged out of the weapons provided for defense against real, pretended, or imaginary dangers from abroad. No one is suggesting that the threat of terrorist attacks is anything but a real threat, and one that must be of the Congress's utmost priority. But the suggestion that the American people would be safer in their homes if they just forego their constitutionally protected rights is a deliberately deceptive assertion that may forge the fetters that bind law-abiding citizens. Make no mistake about it: It is these ill- conceived strictures that may ultimately destroy precious liberties. In fact, it is because our forefathers were fearful of re-creating the same tyrannous form of government from which many of them had fled, that the Bill of Rights--the Bill of Rights, those first 10 amendments--the Bill of Rights was added to the Constitution to better secure for all time--all time--the freedom from oppression that ever looms from an overly powerful executive. Get that. Get that. Let me say that again. It was because our forefathers, thank God, were fearful of re-creating the same tyrannous, the same tyrannical form of government from which many of them had fled that the Bill of Rights was added to the Constitution to better secure, for all time, the freedom from oppression that ever looms from an overly powerful executive. And you better believe it. You better believe it. Hear me. Hear me now. I will always speak out against an all-powerful executive, under either party. In a climate of fear, liberties have been sacrificed time and again under the guise of keeping the Nation from harm. Fear. Yes, fear is a powerful tool for manipulation; useful for easing the American people out of their liberties and into submission. Fear. When the public is confronted with a situation, real or imagined, that inspires fear, the public rightfully look to their leaders--look to their leaders, Mr. President--for protection from foreboding consequences. The claim of wartime necessity always strengthens the hands of a President. Let me say that again. The claim of wartime necessity always strengthens a President, any President, Republican or Democrat. And often facts are sealed from the prying eyes of Congress by a purported need for secrecy. But Senators, and that includes this Senator from West Virginia, Senators have a sworn duty--a sworn duty, a sworn duty--sworn right up there at that desk with their hand on the Bible--the holy Bible, the holy Bible, the holy Bible--with their hand on the Bible to check executive power. We have to be on guard every moment of every day. The executive branch, whether it be Democratic or Republican, is always reaching--always reaching, always reaching--always grabbing more power, more power, more power, and we have to be on guard. We have a sworn duty to check executive power and, as long as I live, I am going to stand for the checking of the executive power; I don't care whether it is a Democrat or Republican in the White House or an Independent. It makes no difference. We have a sworn duty. We swear. We put our hand on the Bible before God and man, and we swear to check executive power at all times--at all times--in times of crisis or otherwise. Each of us here, and there are 100 here, and each of this 100, 100 Senators, we are each bound to defend the Constitution and each bound to defend the liberties that the Constitution gives to all Americans, at all times, in times of peace and in times of war. History has shown us many times that a climate of fear can take a hefty toll on our freedoms. That is your freedoms. That is your freedoms. That is your freedoms. Worse still are liberties surrendered in vain, resulting in little added security. There is no doubt that constitutional freedoms will never be abolished in one fell swoop--never--for the American people cherish their freedoms, and they would not tolerate such a loss if they could perceive it; if they could see it coming, if they could hear it, if they could feel it, if they could perceive it. But the erosion of freedom rarely comes as an all-out frontal assault; rather, it is gradual, noxious, creeping, cloaked in secrecy and glossed over by reassurances of greater security. The American people are a people born of sacrifice, and the sacrifices that the American people are willing to endure speak well of the tenacity and the strength that makes the United States of America what it is. Some may be tempted to accept on blind faith the administration's--any administration's, any administration's--promise of increased security, and they may see it as a duty to capitulate their rights for that flimsy promise. May we all pause to reflect on the hard-won liberties--the hard-won liberties--for which earlier generations fought and [[Page S1655]] died. Remember Nathan Hale. He died. He regretted that he had but one life to give, to lose, one life to lose for his country. Remember Patrick Henry: ``Give me liberty or give me death,'' he said. John Paul Jones: ``We have only begun to fight.'' So may we all pause to reflect, as we have just done, on the hard-won liberties for which earlier generations fought and died before we easily accept convincing rhetoric. Rhetoric is cheap. Talk is cheap. To suggest that innocent Americans surrender rights to preserve freedom is a false choice. It is also a slippery slope, one that is fraught with ever more secrecy and the certainty of egregious abuses of our Bill of Rights and of our laws over time. The commission that I propose would determine how to best protect the homeland, as well as the most effective ways of gathering needed intelligence. It will examine the procedures for the NSA's use and retention of intelligence obtained without warrants, and the method and scope of dissemination of such information to other agencies. It will investigate any questions raised by the Foreign Intelligence Surveillance Court concerning the legality of the domestic spying program. It will examine the obligation of the President--do you get that? Do you hear that, Mr. President? Republican or Democrat. It will examine the obligation of the President to brief Members of Congress-- not just one or two or three or four--on warrantless surveillance of American citizens. It will lift the fog--lift the fog--of secrecy and clandestine government activity misaimed at law-abiding citizens and perhaps, most importantly, it will shed much needed sunshine--let the sunshine in--much needed sunshine on any unlawful or unconstitutional executive--executive, executive intrusions into the lives of ordinary Americans. ______

S 2362是

第109届国会

2D会话

S. 2362

To establish the National Commission on Surveillance Activities and the Rights of Americans.

在美国参议院

March 2, 2006

伯德先生提出了以下法案；这是两次阅读的，并转交给了司法委员会

A BILL

To establish the National Commission on Surveillance Activities and the Rights of Americans.

第1节。短标题。

秒2. DEFINITIONS.

秒3.建立佣金。

秒4.目的。

秒5.佣金组成。

秒6. FUNCTIONS OF COMMISSION.

秒7. POWERS OF COMMISSION.

秒8. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

秒9. STAFF OF COMMISSION.

秒10. COMPENSATION AND TRAVEL EXPENSES.

秒11. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.

秒12.佣ReportsReports金报告；终止。

秒13. FUNDING.

END